Divorce Questions & Answers

Q: How I amend my separation agreement? Can I file in a different Virginia county? Must I have a lawyer?

1 Answer | Asked in Divorce for Virginia on
Answered on Feb 6, 2016

A: Bath County, and Yes. Explanation: First - issues related to child support remain subject to the jurisdiction of the court irrespective of any agreement between the parties. To obtain a change in such a order, you must show a "material change of circumstances." And the court will only modify the order back to the date your petition was filed with the court. Now with respect to other matters, if you have a "separation agreement" then you presumably entered a legally binding contract...

Q: Hi, im looking to divorce my husband. Can I leave the house without facing any problems for taking my daughter?

1 Answer | Asked in Divorce for Colorado on
Answered on Feb 5, 2016

As a parent you can leave with the child in both emergency and temporary situations. If you are concerned about an IMMEDIATE threat to the safety of you and/or your child you can leave without notification. If there is not an immediate threat, it is recommended that you provide your husband with means to contact you (you can also seek a protective order later if he becomes violent). In the best of all worlds, you should begin the process of filing or preparing for the divorce when you leave...

Q: My husband is on student visa he is married but showed himself single so what legally can I do?

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Answered on Feb 5, 2016

Well you need to contact an attorney to file a complaint and also a request for divorce. Contact an attorney through email or phone if you are outside the US. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature...

Q: My boyfriend is on child support and is in debt 12000 is there anything he can do to keep him from going to jail ?

1 Answer | Asked in Bankruptcy, Collections, Consumer Law, Divorce and Family Law for Georgia on
Answered on Feb 3, 2016

Pay the amount due or have an excuse the court may take into consideration but with that amount he obviously has not taken his obligations seriously so most likely he will be incarcerated until that amount is paid in full and if the other party hires an attorney he will most likely pay those fees as well. The court has learned how amazing it is when someone is in jail how they can come up with child support arrears and get them paid in full like they should be.

Q: Can my husband take away my transportation or any other assets we purchased together.

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

Generally not. You'd likely have to go to court to ask for temporary spousal and child support and get an order for you to have sole and exclusive use of one of the cars. If you're ok with the one your name is on, take that one. If one of the other cars is better (e.g. newer, bigger, more reliable, etc), ask for that one.

Andy

Q: I was the respondent on original divorce. I want to file on my own for support. Am I still the respondent?

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

Yes, but it's academic. It is very common for a person to be the respondent in the original case, but the petitioner or moving party for the limited purpose of one motion. You would still fill out the motion papers with your name as respondent. The papers themselves should make it clear, though, that you are the moving party.

Andy

Q: I need to get an divorce. I am married for 16 and half years but not been together for the 16 and half.

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

The time you were together, were married for, etc does not restrict your ability to get a divorce. The actual time you were together may be disputed during your case so you should be prepared for that. The time you were together (technically, the Date of Marriage to the Date of Separation) will be important in determining what set of rules apply to your divorce. CA treats marriages less than 10 years long (Date of marriage to Date of Separation) differently than those 10 or more years long....

Q: Been taking care of child since birth married after born name not on birth certificate and dna not mine what can I do?

1 Answer | Asked in Divorce and Family Law for Georgia on
Answered on Feb 2, 2016

If mom doesn't want to give up parental rights so you can adopt her, then there is nothing you can do. She is not yours and you have no rights to the child.

Q: in a divorce proceedings, what is the time frame to answer interrogatories?

1 Answer | Asked in Divorce for Georgia on
Answered on Feb 2, 2016

Look at the paper that should be on the front when you were served. Generally it's 30 days; sometimes 45.

Q: Married in NY in 1998. separated in FL 2012 She now wants divorce and alimony Kids Are coming to live with me. Alimony?

1 Answer | Asked in Divorce for New York on
Answered on Feb 2, 2016

Are you in GA or FL? If in FL, then seek counsel from a FL atty. In GA, Alimony will be determined by the court.

Q: If a house bought during marriage loan is in spouses name deed is in both names can spouse with loan take house?

1 Answer | Asked in Divorce for Indiana on
Answered on Feb 2, 2016

It's marital property subject to equitable division so the court will decide.

Q: My husband is a foreigner and went back to his country 3 years ago. I want a divorce. How do I file.

1 Answer | Asked in Divorce for Georgia on
Answered on Feb 2, 2016

Get an attorney b/c you have to make sure he is served properly and it's doubtful you will figure that out on your own,

Q: I was wanting to know how I can get my divorce for hardly nothing I'm not employed and my husband stays in jail

1 Answer | Asked in Divorce for Georgia on
Answered on Feb 2, 2016

Go to the clerk's office and get the forms and try to figure it out yourself. Otherwise, there are plenty of lawyers out there who will take on a simple divorce case for $ 500.

Q: If each parent has custody of a child and 1 turns 18 does the other keep getting CS even if it isn't specifically stated

1 Answer | Asked in Divorce and Family Law for Georgia on
Answered on Feb 2, 2016

Yes. Take it to court and fix it based on a significant change of circumstances,

Q: Can I fire my attorney and represent myself in an ongoing CS modification order?

2 Answers | Asked in Divorce and Family Law for Georgia on
Answered on Feb 2, 2016

Yes, but you better know what you are doing b/c the Judge is not going to help you.

Q: What happens if neither party objects to the new child support amount recommended by Child support services?

1 Answer | Asked in Divorce and Family Law for Georgia on
Answered on Feb 1, 2016

Ask Child Services about the time line and when it will start.

Q: My ex wife is receiving my military disability for child support and from the state of alabama- how do i fight this-

1 Answer | Asked in Divorce and Military Law for Georgia on
Answered on Feb 1, 2016

Talk to either a JAG attorney or an Alabama Atty. This is not a GA problem.

Q: What if my ex-husband does not show up to court for final order, he stays in another state now but the court is in GA.

1 Answer | Asked in Divorce and Family Law for Georgia on
Answered on Feb 1, 2016

If they don't show up, then you will get whatever you want. The court is not his lawyer and will not have any sympathy for him. He sounds like bad news so count your blessings that he is out of your way and you can raise your child without his interference.

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